The Perpetuation of Privilege and Anti-Affirmative Action Sentiment in Rice v. Cayetano

Abstract

What does affirmative action have in common with Native Hawaiian Sovereignty? Absolutely nothing, except in the manner that America responds to Peoples of Color. America seeks to know no color when it discusses affirmative action, Native Hawaiian self-determination and governance, or Native American and Alaskan tribal rights, but America has its eye keenly fixed on color when it reveals its position about privilege, national security, and economic development and opportunity. Color-blindness is a convenient tool of the privileged. It lies dormant for some issues and alive for others. Of course, there is no logical nexus between affirmative action policies and Native Hawaiian sovereignty issues, save the inconsistently applied color-blind standard touted by the privileged when most convenient. I propose that this America can never be color-blind so long as privilege retains color while disadvantage is forced to know no color.